Austin v. . Dye
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the eighth judicial district, affirming an order of Special Term granting defendant a new trial. The facts are sufficiently stated in the opinion. That a Iona fide purchaser for value, from a conditional vendee having possession, gets a good title. (Wyaits v. Green, 36 N. Y., 556; Smith v. Lyon, 1 Seld., 41.) Taking a new note for a debt due is payment of a new and valuable consideration.
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Appeal from order of the General Term of the Supreme Court in the eighth judicial district, affirming an order of Special Term granting defendant a new trial. The facts are sufficiently stated in the opinion. That a Iona fide purchaser for value, from a conditional vendee having possession, gets a good title. (Wyaits v. Green, 36 N. Y., 556; Smith v. Lyon, 1 Seld., 41.) Taking a new note for a debt due is payment of a new and valuable consideration. (Traders’ Bank of Rochester v. Bradner, 43 Barb., 379.) Morgan had no title to the cattle, and could confer none upon the defendant. (Neidig v.…
1Opinion of the CourtAllen, J.
The case, without setting out the evidence, states that the plaintiff proved that in October, 1866, he was the owner of the oxen in controversy, and that he agreed with Morgan to let him have the oxen for one dollar per day while in use, which Morgan agreed to pay. That at the same time it was agreed, that if Morgan should deliver to the plaintiff upon the bank of the Allegany river, a given quantity of hemlock boards within a specified time, the oxen should be the property of Morgan. That if he should not deliver the whole quantity, the plaintiff should take what he should deliver, at an…
2Cases cited2 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Wait v. . GreenNew York Court of Appeals · 1867
3Cited by30 opinions
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Comer v. . CunninghamNew York Court of Appeals · 1879
- Brewer v. FordNew York Supreme Court · 1889
- Washington Trust Co. v. Morse Iron Works & Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Weston v. . BrownNew York Court of Appeals · 1899
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